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HomeMy WebLinkAboutTB Minutes 1977-10-17 e V • TOMI OF ITHACA ADJOURNED BOARD TWEETING October 17 , 19;77 - 5a. 15 p . m . At an Adjourned Meeting' ' of the Town Board of the Town of Ithaca , Tompkins County , New YorJca ` held at the Town of ; _ Ithaca Offices at 126 East Seneca Street , Ithaca , Hew York ; . on the 17th day of October , 1977 at 5015 p . m . , there ; were PRESENT , TIalter , J6 Schwan , Su erviso ' Andrew W ,,,t ,McElwee , Councilman Noel ' Desch ; Councilman Victor Del! 'Aosso , Councilman Robert . P1 . . Powers , . Courcilnian Cathelrine ",, A : Valentih6 , , CounciliRroman Shirley RaffeAsperger` , . councilwoman ALSO PRESENT: James V ..; I�tiyoucc s , Town `Attorney Lawrence P . :Fabbroni ; town Engineer/Building Inspectdr Liese tr6 fenbrennar ; Planning Board Chairwoman. Eva I�offMann , Planning Board t )illiam, Po Sullivan , Jr' . , Attorney Gust Freeman , ? 56 DuBois Road Representatives of the Median Philip Let► [n , . Ithaca Journal Marcia Lynch, tea O Jennifer Romm , TATHCU R.EFTTMIDS 0 SEDIER AND WATER BENEFIT ASSESSMENTS IU CErTAI I CASES The Board reviewed_ draft of a law in this matter prepared. by Tovni Attorney Buyoucos . Supervisor Schwan recommended that the section having to do with fines , penalty , and penalty interest should be eliminated because of the time , effort and expense involved in administration . Councilman McElx-?ee thought it was not necessary to give as many as five days .a notice to enter on the premises and examine the same to determine use and rental status of the apartment . Councilwoman Raffensperger said she could not believe the Town would go to the extent indicated in the draft to resolve only about six inquiries or requests , of which only perhaps three remain unresolved . Council - Man Desch noted that at one point the Board had agreed not to waive the charge for the a0ditional unit in any event . Councilwoman Raffen- sperger said a committee had worked on the matter and a method was recoa►mended ° -- that an affidavit night be filed with the Town Board certifying as to occupancy and that no income was being received . After that , the Board changed its mind , apparently due to the diffi- culty in policing the matter if the kitchen facilities were not re - movac3 . Councilwoman Raffensperger said she would not support the idea of advising any of the people who requested a waiver of the assessment that they must remove or disconnect their kitchen .facili- ties in order to have the charged waived or receive a refund . Super- visor Schwan agreed with her position . Councilman Desch said that in order to have something enforce - able and controllable , it is necessary to get into specific terms . He said it was another matter if the Town wanted to leave well enough alone . Councilman Powers asked if it were possible to draft something simple to establish a policy rather than write a law . The Town Attorney felt something more specific was required , and that the Town Board had asked him to draft a la,(a . The Supervisor noted that there Town Board T,Iinutes - 2 - October 17 , 1977 is a benefit formula which applies to water and sewer benefit assess ments throughout the Town outside the Village of Cayuga Fleights . Ex - ceptions cannot be made to the formula which was adopted after a public hearing , without something ' to indicate _ on .what basis the ex � ception is made . Councilman Desch said that it would be difficult for the Building Inspector-;td, . .keep an accurate , record of units like the ones under consideration unless there is : oziethirn like the lacy drafted by the Town Attorney. • available for s Councilman Pourers asked what the disadvantage of adopting tho : graft iaw presented would be . The Supervisor said : there . - ill be diff . ddl'ty with administration and enforcement . Councilman POV'etS said there is some kind of enforce - ment with or without a : law : People , he sak ,; .tAYill still apply for refunds with or without this . .iatAYo Some amount of . time will be re" quired to dispose df , each • issued : He said , there.foier : it is not a question of time; this way there , Cah be enfor' [66mdnte . the other way there cannot . The , Supervisor said that prid ' td this the Town has simply said no . Counc lcf�oimari Raffehspergei said the : Tovom has never said an absolute no ' , . In - November . of 1976 the Town said it would her - mit these people to . have an exemption on tae basis of , a dependent , but the Town Board changed its k'iftd . Councilmatin Desch said the Town has not as yet granted any exemption . Councilman t4ctlwee said people could come and present their cash in writing Ana, the T&P,7n Board xp►ould review it . Councilman Powers said that urider • the law as prepared by the Town Attorney the Town Board would not Piave to review it . The Supervisor said the Board would Piave to apprbve the refund or exemp° tione Councilwoman Valentino said there ate only three cases pending and she did not believe many people fq6uld apply for refunds . After the discussion the Board acted as follows ! Motion by Supervisor Schwan % seconded by Councilman F>ictlw•ee , RESOLVED , that this Town Board will hold a Public Hearing. on November 10 , 1977 at 8 .o00 p . m . to consider the adoption of a law which would exempt a unit in a one - or two - family dwelling from , the payment of water and sewer assessment if such unit is occupied by a member of the same family occupying the rest of the dwelling , and , further that no income is derived from such unit . Further discussion followed . Councilwoman Raff_ ensperger objected to the inclusion of the section of the proposed law having to do with the physical disconnec - tion or removal of the kitchen plumbing facilities . She did not feel that the number of exemptions that have been requested really justi - fies such a drastic procedure . She feels that the procedure proposed is a penalty and is not reasonable . There was discussion of whether disconnecting the facilities would reduce consumption significantly . Councilman Del Rosso noted that removal of facilities would reduce the drain on sewage facilities . Supervisor Schwan and Councilman 1-IcElwee indicated that it is not difficult to reconnect facilities if they awe allowed to remain . A roll call vote on the motion to hold a public hearing re ® Sulte4 as follojilse. Councilman McElwee voting Aye . Councilman Desch voting Aye . Councilwoman Valentino voting flay . Supervisor Schwan voting Nay . Councilwoman Raffensperger voting flay . Councilman Del Rosso voting stay . The motion was , therefore , defeated . It was noted that the defeat of the motion to hold a public hearing now leaves a situation where no refunds will be given . If there is an apartment there will be a charge for the additional unit no matter who is occupying it . Supervisor Schwan felt the law draft - ed carried the family relationships too far afield . Councilman Town Board Minutes - 3 - October 17 , 1977 Powers said if the apartment owner removes the kitchen facilities and asks for an inspection , then there is a basis. for 'refund , since he no longer has a separate unit . Supervisor Schwan 'felt exemptions could be limited to elderly . parents , for example , if the owner certi - fies to that type of ' odcupahcy . Town Attorney Buyoucos wondered where the line would be ' drawn , witfi' respect to . the family relationship . He said that in his draft he hdd made it extensive ; but that it is up to the Board to male ' a deter -' Ination . It could be : limited to parents and children , he said. Co*' ouncilwoman Raffen `sperger. said that a standard that could be used voyould e the stanctd ., set by th'e Internal Revenue Code . Mr . Buyoucos said even that is ,. .l cult , ' f interpretation . d Supervisor Schwan again recommended tie sworn statement . Councilman Desch asked him what such , & statement: wroula contain . The Supervisor said it would contain whatrdVdt the Boa rd . determines , and Councilman Del Rosso added. that it mould be done on an annual basis . After the ' discussioh the Board acted as follows , Motion by Councilman Desch , seoonded by councilman F--IcElwee , RESOLVED , that a committee composed of gtxpervisor Schwan and Council - man net Rosso is hereby appointed to study this matter , assisted by the Town Attorneyo . and charged with making a recommendation to the full Board at the meeting on �?dvember lo ; 19770 BEACON HILLS FIt . Fabbroni reported he was not able to attend the foreclosre sale today ° IIe did , however , call ' the President of Sibley Corporation , and it appears that Sibley Corporation will take control of the prop- erty. He said . he '' advised the President of Sibley that the property is being vandalized and is creating a safety hazard . He said that Sibley does not seem to have great interest in what happens , and Sibley would not advise what they intend to do at this time . Jiro Fabbroni said he would do a rem assessment of the whole property and start the whole local law procedure for the razing of the building . Mr . William P . Sullivan , Jr . , Attorney , appeared on behalf of Beacon Hills Village of Ithaca to say there is a judgment of fore - closure on the property which directs its sale , and that Beacon Hills Village is not involved in any way with that property at this time . r-ir . Sullivan said he did not know whether the public sale was held today ( October 17 ) or not . Until a public sale is held , he said , the Court governs . Supervisor Schwan recommended to the Zoning Officer (PIr . Fab- broni ) to start the proceedings and do whatever is necessary to put the owners of the property on notice that they must do something . They were not officially put on notice originally because the owner- ship coup: not be pinned down . Every time the Town approached them they said they were in negotiations and that the problem would soon be resolved . It has taken two years to reach the present point . tnr . Buyoucos was asked what the procedure would be at this time . Ise said papers must be prepared in accordance with the appro- priate local law ; , that a survey and review is required specifying just what is in violation , and giving notice of same to the owner . It must be quite specific . After the discussion , the Board acted as follows ° ,Motion by Supervisor Schwanv seconded by Councilman McElwee , RESOLVED , that this Town Board hereby authorizes the Town Zoning Officer to arrange , with the assistance of the Town Attorney , for the commencement of legal proceedings against the owners of the former Beacon Hillis property , looking toward the razing of the build- ings and removing the hazard to safety on these premises , ( Del Rosso , Raffensperger , McElift Powers , Desch , Valentino and Schwan voting Aye . plays - none . ) A u I� Town Board Minutes - 4 - October 17 , 1977 RESIGNATION OF JUSTICE SALTY JACKL$ The S �lry upe isor - read letter of resignation of Justice Sally A . Jackle . Copy of her letter is attached to these 6inutes . t . The Supervisor reported briefly on a : conver § ation had with 1is0 Jackle in which she expressed her sincere regret that events had taken the turn they did . ; . she strongly , recoMmended that the Board consider the appointment of . Merton Wal enbeck ( former Justice ) . She said it was imperative to , �appoint someofbe quickly to take on the pending cases , since Justice Dlye could not poss��bly handle his cases and the pending cases ° ' The . Supervisor ' reported ne had called 11r .1 .Wallenbeck and Tyr . Wallenbeck said he.. would accept such an appoint - ment . Since September 20 , .: 1977 was the deadline for - getting anyone on the ballot , fit Wallenbeck - dould be appointed to serve through December 31 , 1978 , and -. i46 uld 'have to stand for election in November of 1978 , if he so desired ° Mira Wallenk eck , will , receive : a t*pro - year leave of absence from his position as Chief of Police of the Village of Dryden . Motion by Councilman Desch ; seconded by Powers RESO VE I' ' y ' L D , that this ; Board hereby appoints Ne' rton J . Wallenbe* ck , effective immediately , as mown .: Justice of ' the Town of Ithaca , to replace Justice Sally Ae Jackle , through December' 31 ,. 1978 . ( Del Rosso , Raffensperger , Poi;rers , RlcE �tiee , Desch , Valentino and Schwan voting Aye . lays e none . ) I, P?otion by Supervisor Schvaanr seconded by Councilw'IIman Valentino , RESOLVED ' that Justice Merton J . Wallenbeck will receive as Town Justice for the year beginning January 1 , 1978 through December 31 , If 1978 the same salary as budgeted for Justice Jackle for that period . ( Del Rosso , :Raffenspergerp Powers , McElwee , Desch , I Valentino and Schwan voting Aye . Nays - none . ) CONCOR'A) PLACE - SCHONFELD LETTER OF CREDIT 11r . Fabbroni recalled that on July 11 , 191;77 a letter of credit with respect to Concord Place was furnished by Mr . Otto Schon- feld , and an agreement was made with Mr , Schonfeld that the Town would accept Concord Place subject to certain requirements which Air . Schon- feld was required to perform . 1-2r . Schonfeld is requesting an exten- sion until August 1 , 1978 ? primarily because of the weather this fall . Mr . Fabbroni said he and I-Ire Schonfeld feel the Town will get a more serviceable product if an extension is granted . The final compaction of the road willbe much better . Councilman Powers asked why the extension s heuld not run only to 1-lay or June . Hr I Fabbroni said the ground will be dried out more in August and compaction will be better . II SIGTT ORD1 jjq.N -\jCF u PZr . Fabbroni raised a problem the sign ordinance creates b y having to run everything through the Toxfm Board and Planning Board for =%imercial and industrial locations . When people come in with standard signs which meet the requirements , therelis at least a month ' s delay in approving that sign until the next time the Board meets . This is particularly true if they happen to come in just after the Town Board has had a regular meeting . After dis'.ussion it was the sense of the Board that since P•:r . Fabbroni is permitted to issue building permitis , there did not seem to be any good reason why he could not approve signs which are in conformance with the Sign Ordinance . It was agreed that Mr . Fab- broni and Mr . Fuyoucos would. work together ' to prepare a resolution amending the Sign ,', Ordinance and the Board will then schedule a public hearing on the matter . I � I J p u ok I Town Board Minutes m 5 - October 17 , 1977 There was discussion with respect to signs which do not con - form with the Sign Ordinance , and whether an appeal from a decision by the Zoning Officer denying approval for a sign' should go to the Town Board or the Zoning Board of Appeals . The sense of the Board appeared to be that such appeals should ego to the Zoning Board of Appeals and it : was recommended that the Zoning Officer and the Town Attorney prepae a resolution to accomplish this . ! Aar . Fa . Toni requested that the Board approve Citizens Savings Bank sign cont n4�ht upon expected Planning Board ', approval of the sign on October 18j 1977 , this in an effort to allow the Citizens Savings Bank to build the sign vAthout having to wait another month I or approval : . The sign conforms with the Sign Ordinance . Notion by Councilman McElwee ,* seconded by Supervisor Schwan , rXSOLVED , that this. Town Board hereby approves construction of Citizens Savings Barik :, sign ( 340P x 84 " ) , as submitted in the plans , contingent upon Planning Board , approval ( which is expected to be given October 18 , . 1971 ) , the sign beinq ; in conformance with the Sign Ordinance , and authorizes the Zoning Officer to issue permit for construction of same after Planning Board approvalo ( Del Rosso , Raffenspe 46r , Powers , 7-16EIwee , Desch , °Valentino and Schwan voting Aye . Nays d none . ) REFUND _ OVERPAYINEISIT 0�. TAIATER , BILL Communication received from I-II Ray Thomas , ', Southern Cayuga Lake Intermunicipal Water Commission Clerk , indicated that r4r . Michael Apa , 113 Pineview Terrace , having made a duplicate payment of his water bill is entitled to a refund of $ 19 . 53 ° Motion by Supervisor Schwana seconded by Councilman411cElwee , RESOLVED , that in view of duplicate payment of water billing for the first quarter of 1977 by 14r . rlichael Apa , 113 Pineview Terrace , this Board hereby approves of a refund to Mr . Apa in , the amount of $ 19 . 53 . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none . ) p T ; EN; _ ARC DEVELOPF I,�idT FIVE YEAR PRIORITIES This matter will be taken up in a work session at 12e00 0 clock noon on October 24 , 1977 . CORNELL UNIVERSITY REQUEST TO TAP SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER SYSTEM 16 ° INCH mAI!d Councilman Desch reported that a request has been received from Cornell University to tap the 16 - inch Southern Cayuga Lake Intermunicipal water system transmission main . The reason for the request is that Cornell University is planning the construction of a library storage building in its orchards area about 1200 feet from ir Dryden Road . Because of values and hazards inherent to its occupancy Cornell University feels it must sprinkler the risk . They , therefore , need a reliable source of water . The main would only service the automatic sprinkler system and would not be used for domestic pur - poses . she Southern Cayuga Lake Intermunicipal Water Commission has already approved this , but it also requires the approval of the Ithaca Town Board . Councilman Desch said this will require a revision of the current c--:ester and sEwer benefit formula in effect throughout the Town . This revision would require a public hearing , This matter will be discussed in a work session " on October 24 , 1977 . 'I Town Board Minutes - 6 - October 17 , 1977 R10NKEMEYER PROPOSALS Councilman Desch recommended a work Bess :o ;: on two 'Monkemeyer proposals after November 10 , 1977 , the two proposals being ( 1 ) con- sideration of an Amendment to Article VII , Business Districts , of the Town of Ithaca Zoning Ordinance , to allow mixed commercial -multiple family districts , and ( 2 ) consideration of request by Herbert and Lenora 11onkemeyer ( Evan N . �!ionkemeyer as agent ) Ito re -- zone approxi - mately 1 . 05 acres from Business " C °° and Residential District R- 9 to Multiple Residence District , and , approximately °7 acres from Residen- tial District R- 301 Residential District R- 9 , and Business `° C `° , all to Business District " C all of the foregoing being a part of Tax Parcel 6 - 43 - 1 - 3 . 2 at the northeast corner of the !